The Analysis Of Carbernet Trademark Case

Along with the market economy's gradual establishment, development and further improvement, enterprise, as the market subject, is facing the market competition that become more and more fierce. Intellectual properties, as the one of core competitive forces, play the sharply increasingly important role in the developing process of modern enterprises. However, seeing from the whole practical status, the system of intellectual properties in our country is still not maturation or perfection, the public awareness in intellectual properties protection is still in a lower standard, the market subject have the poor ability to run intellectual properties strategies, An acceleration in intellectual properties to the development of economic society has not fully giving off.This thesis is based on the case of "Carbenet" trademark, combined the first and last judicial opinion with theories on trademark to analysis the core problems involved in this case. The author tries to discuss the judgment on generic name and transform between generic name and trademark on theories, and try to state how to protect enterprises intellectual properties in the fierce market competition in practice. This thesis is divided to three parts:The first part, case and judgment. Introduction of case of "Carbernet" trademark, including the rule of Trademark Review And Adjudication Board, the first judgment opinion and the last judgment opinion. As for the disputation of this case, the author analyses the whole problem from the standpoints both supporters' and opponents', and declares her own opinions on rule of TRAB at the end of this part.The second part, author's analysis and assessment on the case of "Carbernet" trademark. On the base of all the requirements of trademark effective registration and the exception of prohibition codes, the author tries to analysis this complex case. Analysis on a particular status—the special name rule that usually uses the raw material in grape dry red wine field. Analysis on impossibility and judgment standard instruction on generic name as well as judgment standard on distinctiveness lose of registered trademark. Discussing the issue of implement of intellectual properties strategies in the administrative review procedure as well as judicial procedure, and so forth.The third part, thinking caused by this case. From the fact of 8 years administrative review, the author tries to find the way of how to improve the efficiency in the administrative review stage. Meanwhile, the author points out the faults of intellectual property strategies of enterprises involved in this case and the solution to address these kinds of problems.